cupcake68 Vs Egg

[cupcake68]

Thanks AC!

 

I feel a little better now!

 

Cupcake

[angry cat]

http://www.financial-ombudsman.org.uk/faq/FSA_FSCS_FOS_jointleaflet.pdf

[cupcake68]

Thanks!

 

Let's hope they do something about Egg and Brian Carter!!

 

Cupcake

[Bigdebtor]

You have the proof that the FOS have received your complaint;

any reputable firm should be mindful!

 

If BC continue, then report them to the SRA and FSA.

 

Cupcake

 

I would e-mail Uncle Bryan and Freds etc, PDQ with the FOS complaint number - just so you have an audit trail that you have done all you can to arrive at an "amicable" settlement.

 

BD

[cupcake68]

Hi BD

 

I don't have a compaint number as yet, I just received the do not reply immediate response you get when you email them!!

 

I did email BC at the address you kindly gave me (because he doesn't make it easy to contact him!!) and told him that I had complained.

 

Cupcake

[cupcake68]

OK

 

No reply from FOS but a slightly less forceful letter from BC!

 

 

It includes a copy of the same print out that Freds sent me!!

 

Should I reply to BC while my complaint is in?

 

Thanks

 

Cupcake

Edited June 24, 2010 by cupcake68

[cupcake68]

Ok

 

Have now had the necessary forms from FOS re my complaint but I'm still unsure if I should have any contact with Egg or Brian Carter while the complaint is open.

 

Can someone please advise me?

 

Thank you

 

Cupcake

[Bigdebtor]

Why not just ring FOS and ask? This will also make FOS aware of the current hassle still coming from Uncle Bryan Carter et all.

 

BD

[cupcake68]

Funny!

 

I have received a very disjointed letter from Egg re my complaint to FOS. Lots of words missing etc!!

 

Basically they think they have already complied but in this instance they will send it again (out of the goodness of their hearts!!) and I will be getting this within the next 14 days!

 

Not heards from FOS - don't know if I will, but no doubt they will just send the same as last time which is my current agreement and tells me nothing!!

 

ARGHHHH!!!!

 

Cupcake

[Bigdebtor]

Why not send a copy of their own incomplete letter back to Egg asking them to fill in the missing words - keeping copies of this for yourself? If nothing else it gives them more work to do!

 

BD

[cupcake68]

HELP!!!!

 

I have received a letter today from Brian Carter.

 

They "have now issued litigation proceedings in the county court" I "will receive a claim form in the next 48 hours direct from court"

 

Are they bluffing?

 

They say I "can telephone and discuss this case with account manager"

 

The current situation is.....

 

I complained to FOS who replied (29th April) saying they have asked EGG to comply with my request and that I should get a final response within 8 weeks

 

I then got a very disjointed letter from Egg (doesn't say final response) saying they did comply but on this occassion they will send it out again. I was supposed to have received this by 27th May (I didn't!!).

 

WHAT SHOULD I DO NOW?

 

I am wondering if BC is trying to bluff some money out of me before the outcome of PT's case this week but the letter does say HAS not MAY!!

 

I have never got this far before so I have no idea of the proceedure and am in slight panic so any help would be really appreciated.

 

Thank you

 

Cupcake

Edited June 1, 2010 by cupcake68

[Bigdebtor]

I would phone FOS to confirm if they're allowed to do this while the case is still with FOS. I don't think they are?

 

I would also phone the Bryan Carter number - just to see what they say - but only pay a token £5 to put things on hold. They accepted that with me. Also follow up by confirming everything by e-mail. Do you want an e-mail address for Uncle Bryan?

 

Good luck!

 

BD

[cupcake68]

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

[gh2008]

Don't ring BC

 

Search on here for him & his firm of debt collectors (Fredricksons)

 

AFAIK there has not been a single win for BC against a Cagger who has submitted any defence.

 

He usually discontinues (normally after allocation to try and fend off the costs application by the defendant)

 

Haven't read the full thread but I bet you haven't got a DN from Egg?

 

Keep your termination letter very safe though

[cupcake68]

Also

 

I would assume it is too late to stop proceedings if they have already issued them or am I wrong?

 

Cupcake

[cupcake68]

I have got a DN but they defaulted and terminated when they had not responded to my CCA request!!

[WelshMam2009]

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

 

 

Hi Cupcake!!

 

I personally would not make any payment. IF they have issued proceedings then a token payment is not going to stop this. Please don't ring them either. All you can do is wait for the court papers.

 

Are you able to scan the letter up on here with your personal details removed?

[cupcake68]

Hi WM

 

Thanks for your advice

 

Do you mean the Brian Carter letter? It doesn't say much more than I quoted but it definitely says "we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court"

 

I can post it up if it helps though!

 

Cupcake

[Bigdebtor]

All I can say is I DID ring them - and e-mailed - and agreed to pay £5 per month to stop "further action".

 

I personally consider this a cheap way of avoiding any further hassle whilst I await the result of PT's test case - but each to his own!

 

BD

[gh2008]

Ok, quick scan of your thread and you do have the original DN & TN.

 

If I were you I would SAR Egg today and get as much info as you can.

A SAR to Egg rarely turns up nothing useful

 

IMHO there is something wrong with the claim as they are using Carter rather than a proper solicitor.

 

JMHO though

[Bigdebtor]

Thanks for the quick response BD

 

I have just spoken to FOS (great minds!) and there is nothign they can do if Egg decide to issue proceedings whilst the complaint is ongoing but they can get any judgement removed after the event if they decide it was not correct to do so.

 

I am nervouse to call BC and make a payment because I am sure I have read elsewhere that that is accepting the debt in some way.

 

Can anyone confirm or deny this?

 

Thanks guys!

 

Cupcake

 

1. I would check with OFT or FSA if Egg/Bryan Carter are breaking OFT or FSA guidleines by doing this while the case is still ongoing.

2. You can agree to make a token payment without accepting liability - pending clarification. After all (putting aside dodgy DN's, TN's etc.) until PT's case is settled NO ONE KNOWS if the Egg debts are enforceable or not - that is assuming they CAN find the original signed CCA.

3. Without the original signed CCA they SHOULD NOT be able to ENFORCE the CCA in Court - but it might (but shouldn't) depend on how dodgy the judge is.

 

BD

 

BTW - I heard this morning the OFT boss is the highest paid "mandarin" - so he'll be well used to not being able to afford to keep up with HIS debts!!!!

[gh2008]

All I can say is I DID ring them - and e-mailed - and agreed to pay £5 per month to stop "further action".

 

I personally consider this a cheap way of avoiding any further hassle whilst I await the result of PT's test case - but each to his own!

 

BD

 

Problem is that won't stop them in 6 months when they suddenly ask for the full amount and submit a claim a week later .........

 

been there done that ....... and won !!

[WelshMam2009]

Hi WM

 

Thanks for your advice

 

Do you mean the Brian Carter letter? It doesn't say much more than I quoted but it definitely says "we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court"

 

I can post it up if it helps though!

 

Cupcake

 

Yes Cupcake, I did mean the BC letter...only to see if it definitely stated that that had issued proceedings. I'm sure you know that a lot of these letters are strategically written into making you think that things have or will happen when in fact there are a lots of "we may..." type statements in there.

 

I'm slightly bemused as to why they would even bother sending you this letter as the court papers would arrive in the post in due course anyway.

 

On a reassuring note, I get the impression that BC frequently mess up their litigation so that goes in your favour.

 

Quickly looked through your thread. Is your argument that the account was unlawfully terminated whilst in dispute??

[cupcake68]

Thanks everyone!

 

I will SAR them today and also get the reply from Egg back to the FOS (apparently it is classed as their final response even though it doesn't say so - I thought that was a must!)

 

How long roughly does it take from this point to get to court? Will I have time to get the info on SAR ?

 

Thanks again

 

Cupcake

[WelshMam2009]

On a related note, I'm not sure if PT's case will have any bearing on this agreement which was taken out in 2007 and appears to adopt the newer Citi style agreement as opposed to the old Egg one.

 

I did check online to see when Citi took over Egg and that was in 2007. It might be interesting to know on what date the format of the agreement changed though. (I get the impression the deal was finalised on 1 May 2007 but naturally had been going on for a long time before that with regulatory approval obtained in late January).